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2022 Supreme(P&H) 1567

RAVI SHANKER JHA, ARUN PALLI
Nanak Chand – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Naresh Kaushik, Advocate, for the Appellant; Mr. Ankur Mittal, Addl. Advocate General, Haryana with Mr. Saurabh Mago, Asst. Advocate General Haryana, and Ms. Kushaldeep K. Manchanda, Advocate, for the Respondent.

JUDGMENT

Ravi Shanker Jha, C. J. - The controversy involved in the matter at hand revolves around the applicability of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013') onto the facts of the case wherein the award under Section 11 of the Land Acquisition Act, 1894 was announced on 02.03.2006 i.e. more than five years prior to the commencement of the Act of 2013 on 01.01.2014 and as contended by the petitioners, neither the possession of the land has been taken by the State nor compensation has been paid/deposited till date. In view of said facts, prayer has been made to declare that the acquisition proceedings have lapsed under Section 24 (2) of the Act of 2013.

2. The interpretation of Section 24 (2) of the Act of 2013 had remained under cloud for long until it finally came to be decided by the Constitution Bench of the Supreme Court in the case of Indore Development Authority v. Manoharlal and others SLP (C) 9036-9038 of 2016, whereby the Apex Court has laid down the guiding principles in order to decide whether in given facts and circumstances, the acquisition proceedings

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